WVC 8-16-4
PART II. CONTROL OF GOVERNING BODY OR BOARD.§8-16-4. Construction, etc., to be under control of governing body
or appointed board, etc.
The construction, reconstruction, establishment, acquisition,
improvement, renovation, extension, enlargement, increase,
equipment, repair (including replacements), custody, maintenance
and operation of any such works, and the collection of revenues
therefrom, shall be under the supervision and control of the
governing body, or of a committee, by whatever name called,
composed of all or a portion of the governing body when only one
municipality is involved, or of a board or commission appointed by
such governing body when only one municipality is involved or
appointed by the governing bodies when two or more municipalities
take joint action under the provisions of this article, as may be
provided by the governing body or bodies.

When such supervision and control are vested in a committee,
board or commission, the governing body or bodies, as the case may
be, may provide, by ordinance or ordinances, for said committee,
board or commission to exercise such of the functions of the
governing body or bodies in connection with the matter as it or
they deem proper, and may provide for said committee, board or
commission to receive such compensation as such body or bodies may
deem proper, all of which authority and compensation shall be
specifically provided for by ordinance or ordinances. Any such
committee, board or commission shall consist of the number of
members fixed in the ordinance or ordinances creating the same, and
the manner and mode of the selection and appointment of the members of any such board or commission shall be stated in such ordinance
or ordinances. The members of any such board or commission
appointed by the governing body or bodies shall be chosen without
regard to their political affiliations, but with regard to their
business and professional experience or standing as citizens in the
community. All compensation and expenses, including attorney's
fees, of such committee, board or commission shall be paid solely
from funds provided under the authority of this article. Any such
committee, board or commission shall have the power to establish
bylaws, rules and regulations for its own government.

When hereinafter used in this article, the term "board" shall
be construed to mean the governing body or committee composed of
all or a portion of the governing body when only one municipality
is involved, or a board or commission appointed by the governing
body when only one municipality is involved or appointed by the
governing bodies when two or more municipalities take joint action
under the provisions of this article, as the case may be. When two
or more municipalities take joint action under the provisions of
this article each governing body shall appoint to the board the
number of members which the governing bodies have agreed shall be
appointed by each such governing body.

The governing body or bodies also, in its or their discretion,
may provide by ordinance or ordinances for the leasing of a
municipal public works and provide for the custody, maintenance and
operation thereof by a lessee in accordance with the provisions of
such ordinance or ordinances and lease contract executed pursuant
thereto: Provided, That the lessee shall pay to the municipality or municipalities for the use and occupancy of such municipal
public works so leased an amount sufficient to provide a sinking
fund for the payment of the bonds and the interest thereon and all
other charges mentioned in section seventeen of this article.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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